Royal Mail Group Ltd

Case Summary

The EAT dismissed the claimant's appeal against an Employment Tribunal decision that electronic payslips satisfy section 8 of the Employment Rights Act 1996. The Tribunal held that the statutory requirement to 'give' an itemised payslip does not require physical delivery but can be satisfied by electronic access, provided the information is accessible and intelligible. On the facts, Royal Mail's digital-only system met this requirement as the claimant had free access to his payslips via multiple means but chose not to use them.

The EAT held that the statutory requirement in section 8 of the Employment Rights Act 1996 to 'give' an itemised payslip does not require physical delivery and can be satisfied by electronic provision. Applying a purposive approach to statutory interpretation, the focus is on substance rather than form—whether the employee has access to relevant information in a way enabling them to scrutinise it. Royal Mail's system met this requirement because the claimant had free access to his payslips through multiple means but chose not to access them, with no evidence of coercion, cost, or practical impediment.

• •Whether the requirement in section 8 Employment Rights Act 1996 to be 'given' an itemised payslip requires physical delivery or can be satisfied by electronic provision
• •Interpretation of the word 'given' in section 8 of the Employment Rights Act 1996
• •Whether a digital-only payslip system complies with statutory requirements
• •Constructive delivery and access as satisfaction of statutory obligation
• •Practical barriers and conditions imposed on workers' access to payslips

The full source document is available from the official publication page.